Union County courier. [volume] (Elk Point, Union County, D.T. [S.D.]) 187?-1913, 1887-07-13

-
Owing to the way OF doing business, there is
absolutely no way of checking this matter at
that time. The steward had nothing to do in
keeping track OF this coal as 1t VAS delivered,
this matter having been iakon odt Of his
hands by Mr.. Colby, an MI. Dean has of bis
own motion delivered coal - the asylum until
he was sat SIZED.
Colby, who had charge Of this, does not
claim to have personal y surorintcnded il,
but seems TO bave been s~tiisiiel with the
Loose way of taking MIR. Deans statement Of
the amaunt furnished.
herewith submit as a part OF this report
the lten izcd st e,rent of Mr. A. /. COLBY of
al tie work, labor and nj tterial furnished by
HIM during two years lac acred ~ supoiintcu-
den of construct on aud trustee. also sab
NIT the Worn report of McAlsister and Ack ey
and the letter of Juae II, les1, from he gen
elal freight agent of The Chicago, Milwaukee
4 IT Psui. railroad.
All Of which is respectful submitted.
C. N. HARRIS,
Public Examiner.
THE GOVERNORS FINDINGS.
In the matter of examination aad report OF tho
examiner relating 10 the management Of the
Dakota hospital for tho insane at Yankton:
have careful ly examined the evidence Ill
this case, and with a desire, if possible, to ar
rive at a conclusion that would justify my
finding that no Just cause of complaint cx-
listed against the trustees. | am unable 10
do so
The act of 1885, chapter IS, section Z, de-
fines the duties OF the board Of +, listers. Sec
ton 10 defines the duties of the superintendent
as follows:
The superintendent of the hospital shall, be-
fore entering upon The duties of his Office, give
u loni 10 The territory Of Dakota in thu penal
sum Of $3.50, conditioned that he will faith
fully and impartially discharge tbs duties Of
his office according to law and the bylaws
of said hospital, 10 DO approved by said
board, and take and subscribe an oath faith
fully and diligently 10 discharge the duties
required Of him by law and he ly-laws OF
the 10 ird o trustees, which bond and oath
shall be filed W tn the Irea urer of the Ter
ritory; he shall be the chief executive officer
9th hospital, aud have entire control of the
medical, moral and dietetic treatment, of the
patients; he shall en- ploy all employees and as
sistants necessarily connected with the insti-
tuition below the grade designated as officers
in estion Z of this act, and may discharge
any employee at will, and suspend any resi- lent
officer of the hospital, except steward, being
responsible to The board Tor the proper exer-
else OF Il at duty in regard to officers.
Section IL defines the duties of steward as
follows:
The steward shall keep the accounts, pay
those employed IN and about the hospital, AMI
have a personal superintendent of the farm,
S .rden aud grounds, nd perform such Other
duties as my be assigned him under The by
laws OF The hospital, under the direction OF
the board of trustees; he shall purchase all
supplies for the hospital wherever the best
grade OF articles in suitable quantitie - cia b.
bought at the lowest price; and, so far as
practicable, in large rather tlian in small
quantities, and shall, it in his judgment it can
be done to advantage advertise for proposals
for staple supplies, such as meat, Hour, sugar,
coffee, tea, fuel and other staple articles, and
make contracts for the furnishing of the same
in bulk or in quantity as may be needed for
use.
Section IL provides:
The steward shall seep an accurate account
OF all receipts and expenditures i'll detail,
which shall be open TO the inspection of the
superintendent and board OF trustees, and
these accounts shall be carefully balanced OH
or before The 18th day of each month and
closed bionnially on The Both day of November
next preceding each regular session OF the leg
islaurc There shall b; provided and sub
mitted for the inspection oil the superintendent
and board of trustees, on or before the lGh
day of each month, an original duplicate bal
ance sheet, which balance sheet shall show
the balance of appropriations in the terri
torial treasury to De applied to the mainlen-
anco OF the patients or to the general use OF
the hospital, or I. ON any other source what
ever. These balance sheets shall also show n
detailed s,atcmentof all rec ipts and disburse-
msnts during the month, an to what appro-
priatioa each belongs, together with the name
OF each payee and the price pa d There shall
be submitted with the balance sheet the orig
inal bills of purchase, vouchers foc the
same and receipts of all other disturse-
ments of whatever kind, which bills Of
purchase. vouchers and receipts shall
have endorsed on the back of each
the signatures attached thereto, with The
month and year OF p iyment After this orig
lnal duplicate balance sheet has been
endorsed as correct by the superintendent
and president of the board of trustees the
steward shall within five days thereafter file
tho original balance sheet III the office OF The
superintendent and the duplicates ther, of,
with the original bills of purchase, vouchers
and receipts pertaining thereto, he shall file
in the office of Territorial auditor, and " on
the presentation of tho month y balance
sheet properly = gncd and endorsed as correct
by the president OF the board OF trustees, to-
gother with the original bills of purchase,
vouchers and receipts pertaining thereto, the
Territorial auditor ehail draw his warrants
upoa the Territorial treasurer for the respec-
tive amounts therein stated from the appro-
p~riatious to which they arc properly charge
able.
Section II provides:
No portion of any special appropriation for
the erection Of any bu lding or TO- the doing
Of any work or for amy work, or for any pur-
pc 20 otliar than or llnary expen-e5 shall be
drawn from the Territorial trea Jury i'll ad-
vance of the work done or the material fur
nishod, and thcn ony upon proper estimates
'As|h HBhcf> - - $500 $3.50" Ao I"'
tion Of any %appropria ion for any purpose
shall To drawn from the treasury before it
shall be required for tie puT orse for which it
ID made, and no appropriation which Is or
may be made for one purpose shall DO drawn
or used for any other purpose, and If at any
time hereafter the sum appropriated by the
Legislative Assembly for any specific purpose
shall bs found insufficient To complete ana ac-
complish the purpose for which said appro-
priat.on is made, then no part of the said sum
an n ItrarnFrIa tsI shall Ia nynanla1 mr. Iru MN
from the Territorial treasury, nor shall
any Liability on the part of the Territory DO
created on account OF said appropriation.
Section II, chapter g, laws OF 1879, and not
repealed, requircs a steward to give bond for
the faithful discharge OF his duties
The action OF the trustees has been in alb
solutc disregard of the law. They arrogalcd
to themselves the powers and duties OF the
superintendent and steward, aud either dis
charged these duties themselves or employed
or allowed MI. Colby to discharge them, and
thus preventing tue territory from 20 uring
the leneft Of that security for the faithful
performance of his duties that these officials
by law were required to render and have
given bonds faithfully to perform
The Interpolation in the stewards report
shows the trustees were aware OF the fact
that they had prevented the steward from dis
charging the duties the law imposed. This
action Of tac board merits the soyeres, criti-
cism for many reasons.
After careful examination of the act of 1887,
l am not satisfied / have the power TO remove
tho Office Of trustee being for a fixed period,
and the further fact that the acts complained
Of were committed by q board OF trustees APP
pointed in 1885, and which went out Of exist
cnce on the formation of the present board.
The evidence taken by the m aud his
| Report show an expenditure of o large amount
| OF public funds which have not been satisfac-
| tority accounted for.
lam not satisfied with the explanation re-
garding the management of the late board aud
the attempt made By u majority Of the present
board, to continue the manner Of management
justifes the executive IN expressing his dis
approval OF q continuance OF such manage
ment Tho past management indicates, to say
tho least, an utter disregard Of sound busss i.
principles and defiance of the law.
This gross misfeasanct, ii nog seater offens,